No copyright in any idea, subject matter, theme or plot- Delhi HC in Hotstar Lootcase Matter [READ ORDER]

A petition was recently filed at Delhi HC for restraining the release of film Lootcase released recently. The HC rejected the Plea and passed an order stating, "There can be no copyright in an idea, subject matter, themes, plots or historical or legendary facts and violation of the copyright in such cases is confined to the form, manner and arrangement and expression of the idea by the author of the copyrighted work.” 

Defendant's advocate while making the argument said, “The subject case revolves around similarity in the idea and plot of movie ‘Lootcase’ with that of unreleased film and script of ‘TukkaFitt’. The admitted position is that the script of the latter film was not in the public domain. Therefore, similarity, if any, has to be restricted to the idea and concept,” he also added “While rejecting the prayer for an interim injunction, the Hon’ble Delhi High Court upheld the proposition of law that there is no copyright protection in ideas and concept i.e. even if the idea/ concept of two literary works are same, one cannot seek an injunction against the others. This is because the protection is granted in the work that results from the idea and/ or concept. 

The single-judge bench referred to a case, RG Anand v/s M/s Delux films, 1978 in this it focuses on principles to be borne in mind while examining copyright claims. 

The order was given on 30/7/2020. 

[READ ORDER]